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Patna High CourtCR. MISC./78941/2023allowed

Md. Raja @ Md. Rijwan Ansari @Rijwan Ansari v. The State Of Bihar

2023-12-13Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78941 of 2023 Arising Out of PS. Case No.-710 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Md. Raja @ Md. Rijwan Ansari @RIJWAN Ansari Dson Of Md. Muslim Mistry @ Md. Muslim Ansari Resident Of Village- New Abgila, Pahartalee, P.S.- Mufassil, District- Gaya.

... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 461, 379 of the Indian Penal Code and Subsequently added Sections 411, 413, 414 of Indian Penal code.

As per allegation in the FIR, 8-10 miscreants entered inside the company premises of Megha Engineering and Infrastructure Limited, Manpur, Gaya by crossing the boundary wall and stole many articles.

Patna High Court CR. MISC. No.78941 of 2023(2) dt.13-12-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor anything incriminating has been recovered from his conscious possession. The name of petitioner sprang up during investigation of this case. Moreover, the petitioner is languishing in judicial custody since 30.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused, Anuj Kumar has been granted bail vide order dated 07.11.2023, passed in Cr. Misc. No. 69885 of 2023 by the coordinate Bench of this Court. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.78941 of 2023(2) dt.13-12-2023 3/3 The above named petitioner is directed to be enlarged on bail in connection with Mufassil P.S. Case No. 710 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gaya. (Sunil Kumar Panwar, J) Nirajkrs/- U T